Pest Control Products Act (S.C. 2002, c. 28)

Inspections

Marginal note:Powers of inspectors

• 48 (1) For a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, an inspector may

  • (a) subject to section 49, at any reasonable time, enter and inspect any place, or stop any means of transport, in which the inspector believes on reasonable grounds there is a pest control product or other thing to which this Act or the regulations apply;

  • (b) open and examine any receptacle, package or other thing that the inspector believes on reasonable grounds contains a pest control product or other thing to which this Act or the regulations apply and take samples from it;

  • (c) order any person to present any pest control product or other thing for inspection in any manner and under any conditions that the inspector considers necessary to conduct an inspection;

  • (d) order the owner or person having possession, care or control of a means of transport that the inspector intends to enter, to move it to a place where the inspector can enter it;

  • (d.1) examine or test, or take samples of, anything that is in the place being inspected;

  • (d.2) examine a document that is in the place being inspected, make copies of it or take extracts from it;

  • (d.3) order the owner or person having possession, care or control of a pest control product or other thing to which this Act or the regulations apply that is in the place being inspected to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (d.4) use or cause to be used a computer or other device that is in the place being inspected to examine data that is contained in or available to a computer system or reproduce it or cause it to be reproduced in the form of a printout or other intelligible output and remove the output for examination or copying;

  • (d.5) use or cause to be used copying equipment that is in the place being inspected and remove the copies for examination;

  • (d.6) take photographs or make recordings or sketches;

  • (d.7) order any person in the place being inspected to establish their identity to the inspector’s satisfaction;

  • (d.8) prohibit or limit access to all or part of the place being inspected or to anything that is in the place;

  • (d.9) remove anything from the place being inspected for the purpose of examination, conducting tests or taking samples; and

  • (e) conduct any tests or analyses or take any measurements.

• Marginal note:Persons accompanying inspector

  (2) An inspector may be accompanied by any person that they believe is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Entering private property

  (3) An inspector and any person accompanying them may enter and pass through private property, other than a dwelling house on that property, in order to gain entry to a place referred to in paragraph (1)(a).

• Marginal note:Offence and punishment

  (4) Every person who fails to do anything the person was ordered to do by an inspector under paragraphs (1)(c), (d), (d.3) or (d.7) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Warrant required to enter dwelling-place

• 49 (1) An inspector may not enter a dwelling-place except with the consent of its occupant or under the authority of a warrant.

• Marginal note:Authority to issue warrant

  (2) If on ex parte application a justice is satisfied by information on oath that

  • (a) the conditions for entry described in section 48 exist in relation to a dwelling-place,

  • (b) entry to the dwelling-place is necessary for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, and

  • (c) entry to the dwelling-place has been refused or there are reasonable grounds to believe that entry will be refused,

  the justice may at any time sign and issue a warrant authorizing the inspector named in it to enter and inspect the dwelling-place, subject to any conditions that may be specified in the warrant.

• Marginal note:Use of force

  (3) An inspector who executes a warrant shall not use force unless he or she is accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Means of telecommunication

  (4) An application for a warrant under subsection (2) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Assistance to inspectors

• 50 (1) The owner or the person in charge of a place entered by an inspector under section 48 or 49 and any person found in the place shall

  • (a) give the inspector all reasonable assistance in their power to enable the inspector to exercise powers or perform duties or functions under the provisions of this Act or the regulations; and

  • (b) provide the inspector with any information relevant to the administration of the provisions of this Act or the regulations that the inspector may reasonably require.

• Marginal note:Offence and punishment

  (2) Every person who contravenes subsection (1) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Production of documents, information or samples

• 51 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act and the regulations, order a person to provide, on the date, at the time and place and in the manner specified by the inspector, any document, information or sample specified by the inspector.

• Marginal note:Offence and punishment

  (2) Every person who fails to do anything the person was ordered to do by an inspector under subsection (1) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Seizures

Marginal note:Inspector may seize

52 An inspector may seize and detain any pest control product or other thing that the inspector has reasonable grounds to believe

• (a) was used in a contravention of a provision of this Act or the regulations;

• (b) is something in relation to which a provision of this Act or the regulations was contravened; or

• (c) was obtained by the contravention of a provision of this Act or the regulations.

Dealing with Seized Things

Marginal note:Storage, movement and disposition

• 53 (1) An inspector may, in respect of a pest control product or other thing seized under this Act,

  • (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure or to the owner or person responsible for the place where it was seized, store it or move it at the expense of the person to whom the notice is given;

  • (b) order its owner or the person having possession, care or control of it at the time of its seizure or the owner or person responsible for the place where it was seized to store it or move it at the expense of the person being so ordered;

  • (c) if the pest control product or other thing is perishable, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given; or

  • (d) if the inspector is of the opinion that the pest control product or other thing endangers human health or safety or the environment and that its disposition is necessary to respond to the danger, order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it, despite subsection 6(8), at the expense of the person being so ordered or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it, despite subsection 6(8), at the expense of the person to whom the notice is given.

• Marginal note:Notice

  (2) An order under paragraph (1)(c) or (d) shall be communicated by delivering a written notice to the owner or person and the notice

  • (a) must include a statement of the reasons for the order; and

  • (b) may specify the period within which and the manner in which the pest control product or other thing is to be disposed.

• Marginal note:Offence and punishment

  (3) Every person who fails to do anything the person was ordered to do by an inspector under paragraph (1)(b), (c) or (d) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

• Marginal note:Interference with seized things

  (4) Except with the authorization of an inspector, no person shall move, alter or interfere with a pest control product or other thing seized under this Act.

• Marginal note:Offence and punishment

  (5) Every person who contravenes subsection (4) is guilty of an offence and liable

  • (a) on summary conviction, to a fine of not more than $200,000 or to imprisonment for a term of not more than six months, or to both; or

  • (b) on conviction on indictment, to a fine of not more than $500,000 or to imprisonment for a term of not more than three years, or to both.

Marginal note:Release of seized thing

53.1 If an inspector is satisfied that the provisions of this Act and the regulations that apply with respect to a pest control product or other thing seized under this Act have been complied with, the product or thing must be released.

Marginal note:Application for return

• 53.2 (1) Subject to subsection 55(1), if proceedings are instituted in relation to a pest control product or other thing seized under this Act, its owner or the person having possession, care or control of it at the time of its seizure may apply, in the case of a violation, to the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act or, in the case of an offence, to the court before which the proceedings are being held, for an order that the thing be returned.

• Marginal note:Order for return

  (2) If the Review Tribunal or court, as the case may be, is satisfied that sufficient evidence exists or may reasonably be obtained without the continued detention of the pest control product or other thing, the Tribunal or court may order it to be returned to the applicant, subject to any conditions the Tribunal or court may impose to ensure that it is preserved for any purpose for which it may subsequently be required.